A9RB800 Expunction of Records in Texas

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TexasLawHelp.org, Expunction of Criminal Records September 1, 2011page 1 of 2

How to Clear an Arrest from Your Record in Texas (Expunction)

Can I clear an arrest f rom my record?

It depends. Some arrests can neverbe cleared,including arrests for drivers license suspensions.

Some arrests to be cleared through a process calledexpunction.

You may be able to clear your arrest record if:

charges were never filed, or

charges were filed, but then dismissed, or

you were acquitted, or

you were pardoned or otherwise granted reliefbased on your actual innocence, or

you have not been tried and the prosecutorrecommends expunction.

You must also meet the additional requirements setout in the law and listed in the Petition forExpunction o f Criminal Records.

See Texas Code of Criminal Procedure, Chapter 55for the law on expunctions.

How do I ask the Court to clear my record?

You must:

1) Fill out a court form, called Petition forExpunction o f Criminal Records.

2) Sign the form in front of a Notary, then makeextra copies.

3) Get an official record of your fingerprints. (The

clerks office can tell you how to do this.)4) File the Petition and your fingerprints in the

District Clerks Office in the same countywhere you were arrested or where the offenseallegedly occurred.

5) Send a copy of the Petitionto the stateprosecutor (the District or County Attorney).Send it by certified mail, return receiptrequested. Keep the receipt to prove the statereceived notice.

6) Go to a court hearing. (The clerk will give youthe date when you file your Petition.)

Do I have to fill out any other court forms?

Yes. You must also fill out a court form, calledOrderDirecting Expunction of Criminal Records. Take itto your hearing. If the judge agrees to clear thearrest from your record, s/he will sign the Order.

Then, the court clerk will senda certified copy of theOrderto the people and agencies listed on the Orderordering them to return or destroy all records aboutthis arrest.

Do I have to go to Court?

Yes. You must go to a court hearing so a judgecan decide your case. Any of the people andagencies listed in your Petition may go to your

hearing, too. If they do not want your recordcleared, they can tell the judge at your hearing.

When will the hearing take place?

The hearing will be at least 30 days after you fileyour Petition. The court will send you a notice withthe exact date, time, and location of your hearing.

Will the Court automatically approve myPetition?

No. The Court will not approve your Petition if:

You do not meet the requirements, or

If an official or agency opposes your Petition,and the judge agrees with their opinion.

How can I prove my record was cleared?

If the court approves your Petition, everyone listedon your Petition will be ordered to remove thearrest from your record. You should check yourrecords to confirm the arrest has been removedfrom your record.

If my record is cleared do I have to tellanyone about the arrest?

No, unless you are under oath in a criminalproceeding about the arrest. But, you can explainthat the arrest was cleared from your record.

Can I clear a conviction from my record?

You can only clear an arrest from your recordthrough the process of expunction.

Do I need a lawyer?

You do nothave to have a lawyer, but it may be agood idea. Asking for a record clearance can be

complicated. If you need help, contact your locallawyer referral service.

Is there a fee?

Yes. An online calculator for fees inTravisCounty is at:www.co.travis.tx.us/district_clerk/documents/expunction_fee_calculator.xls
http://www.co.travis.tx.us/district_clerk/documents/expunction_fee_calculator.xlshttp://www.co.travis.tx.us/district_clerk/documents/expunction_fee_calculator.xlshttp://www.co.travis.tx.us/district_clerk/documents/expunction_fee_calculator.xlshttp://www.co.travis.tx.us/district_clerk/documents/expunction_fee_calculator.xls


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Which law enforcement agencies will be notified to return or destroy the records aboutthis arrest?

You need to list the agencies that you want to be notified on the Petition for Expunction of CriminalRecords. Your Petition for Expunction of Criminal Records must include a list of the law enforcementagencies involved in your arrest and any other official or agency that may have a record or file of yourarrest.

Include jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities,central state depositories of criminal records, central federal depositories of criminal records that youhave reason to believe have information related to your arrest. Also list any private entities that sellcriminal history record information that you have reason to believe have information related to your arrest.

Some agencies for arrests occurr ing in Austin, Travis County might include:

Travis County District ClerkAttn. ExpunctionsPO Box 679003Austin, Texas 78767

Texas Dept. of Public SafetyExpunctions, MSC 0234PO Box 4143Austin, Texas 78765

Travis County Sheriffs OfficeAttn: ExpunctionsPO Box 1748Austin, Texas 78767

Aust in City AttorneyLegal DepartmentAttn: ExpunctionsPO Box 1546Austin, Texas 78767

Travis County County ClerkTravis CountyAttn: ExpunctionsPO Box 1748Austin, Texas 78767

Aust in Pol ice Dept.Attn: Legal Advisor / ExpunctionsPO Box 689001Austin, Texas 78768

Travis County Justice o f Peace Courts#1,2,3,4, or 5*Attn: ExpunctionsPO Box 1748Austin, Texas 78767* When you list a J ustice of the Peace court, listonly the court number that pertains to your case.

Aust in Municipal CourtCity of AustinAttn: ExpunctionsPO Box 2135Austin, Texas 78768

Travis County District At torneyAttn: ExpunctionsPO Box 1748Austin, Texas 78767

Travis County Counseling & EducationService Center (TCCES)Attn: ExpunctionsPO Box 1748Austin, Texas 78767

Travis County Pretrial Serv./Personal BondAttn: Expunctions

PO Box 1748Austin, Texas 78767

Travis County County At torneyTravis CountyAttn: ExpunctionsPO Box 1748Austin, Texas 78767

TexasLawHelp.org, Expunction of Criminal Records September 1, 2011page 2 of 2


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Cause No:EX PARTE

______________________________________(Print your first, middle and last names.) In the __________ District Court of:

_______________________ County, Texas

Petition for Expunction of Criminal Records

My name is ______________________________________________________.(Print your first, middle, and last names.)

I am the Petitioner in this case.

I ask this Court to ORDER the expunction of any and all records arising out of my arrest,described below:

1. Information about Petitioner (You)1. My name is: ______________________________________________________.

(PRINT your first, middle and last names.)

2. My gender is male. female.

3. My race is: _______________________________________________________.

4. My birth date is: ____________________________________(month, day, and year.)

5. My drivers license number is: ________________________________________.

6. My social security number is: _________________________________________.

7. My address at the time of the arrest was:________________________________________________________________.(PRINT your address at the time of the arrest: street, city, state, and zip.)

2. Offense and Arrest

1. Offense: ______________________________________________________________(List the offense.)

2. Alleged Offense Date: ____________________________________________________(date the offense was allegedly committed)

3. Arrest Date: ___________________________________________________________(date of arrest)

4. Location of Arrest: _______________________________________________________(city, county, and state where you were arrested)

5. Arresting agency: _______________________________________________________(List the agency that arrested you. For example, Austin Police Dept. or Travis CountySheriffs Dept. or Department of Public Safety, etc.)

6. DPS tracking number: ____________________________________________________

TexasLawHelp.org,Petition for Expunction of Criminal Records, September 1, 2011 1 of 5Texas Code of Criminal Procedure, Chapter 55


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7. (Check one.)I have not been charged with any offense relating to my arrest. (Skip 8.)

I was charged with an offense relating to my arrest. (Go to 8.)

8. (The official charges related to your arrest may have started in one court, and been assigned a causenumber, but later transferred to another court, and assigned a different cause number. You need to list the

information about all courts and cause numbers that were assigned to your case.)My charges were originally filed in __________________________ court, and assigned

the following cause number: ____________________________________.

My charges were finally prosecuted in:

(Check one.)

the original court, with the same cause number.

the following court: ______________________________________________, with

the following cause number: __________________________________________.

9. My arrest was not pursuant to a probation revocation warrant. (You my not expunge recordsof an arrest that occurs pursuant to a probation revocation warrant.)

3. Grounds for Expunction (Check the box of the ground that applies to your case.)

Never Charged (You were never charged, and you meet at least one of the following conditions.)

I have not been charged for an offense relating to my arrest and:

(Check all that apply.)

I was arrested for a Class C misdemeanor and it has been at least 180 days sincethe arrest. I have not been charged with a felony arising out of the same transaction forwhich I was arrested. **(See note below.)

Iwas arrested for a Class A or B misdemeanor and it has been at least one yearsince the arrest. I have not been charged with a felony arising out of the sametransaction for which I was arrested. **(See note below.)

Iwas arrested for a felony or I was charged with a felony arising out of the sametransaction for which I was arrested. It has been at least three years since the arrest.**(See note below.)

I have attached a letter from the prosecutor certifying that my arrest records and filesare not needed for use in any criminal investigation or prosecution, including aninvestigation or prosecution of another person.

The Statute of Limitations has run completely for all offenses that could be charged

from the arrest. This includes any tolling period that may have occurred. (See Article 12 of

the Texas Code of Criminal Procedure for a complete list of the Statute if Limitations for all felonies. TheStatute of Limitations for all misdemeanors is two years. The Statute of Limitations begins on the date of thealleged offense. Certain conditions may temporarily stop the Statute of Limitations. Consult with an attorneyto determine if the Statute of Limitations has completely run in your case.)

**(If you ask the Court to expunge your arrest records under this ground before the Statute of Limitationshas run, the Court will allow the arresting law enforcement agency and prosecutor to keep your arrestrecords unless you also file a letter from the prosecutor certifying that your arrest records and files are notneeded for use in any criminal investigation or prosecution.)



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Dismissed (Your charges were dismissed, and you meet the following conditions.)

My charges were dismissed or quashed on ___________________________________.(month, day and year that the charges were dismissed.)

I have attached a copy of the order dismissing or quashing the charges to this Petition.

I have been released, and the charge against me has not resulted in a final conviction,and is no longer pending.

I have not submitted to any kind of court ordered supervision for the offense, unless theoffense was a Class C misdemeanor.

I did not intentionally or knowingly abscond (jump bail) from the courts jurisdiction afterbeing released on bail following this arrest.

(Check one)

No Felony. No indictment or information charging me with a felony has beenpresented against me for an offense arising out of the transaction for which I wasarrested.

Felony. An indictment or information charging me with a felony was presented

against me for an offense arising out of the transaction for which I was arrested,AND(Check one)

the indictment or information was dismissed or quashed because I completed apretrial intervention program authorized under Section 76.011, Government Code, orbecause the presentment of the indictment or information had been made becauseof mistake, false information, or other similar reason indicating absence of probablecause at the time of the dismissal to believe I committed the offense or because theindictment or information was void.

The Statute of Limitations has run completely for all offenses that could becharged from the arrest. This includes any tolling period that may have occurred.(See Article 12 of the Texas Code of Criminal Procedure for a complete list of the Statute if Limitationsfor all felonies. The Statute of Limitations begins on the date of the alleged offense. Certain conditionsmay temporarily stop the Statute of Limitations. Consult with an attorney to determine if the Statute ofLimitations has completely run in your case.)

Acquit ted (You were acquitted of your charges.)

(Check one)

I was acquitted by the trial court. I was not convicted of another offense occurringduring this same arrest/alleged criminal episode. No other offense can be chargedagainst me out of this same arrest/ alleged criminal episode.

I have attached a copy of the judgment of acquittal to this Petition.

I was acquitted by the Court of Criminal Appeals or a court of appeals and the periodfor granting a petition for discretionary review has expired. I was not convicted of

another offense occurring during this same arrest/alleged criminal episode. No otheroffense can be charged against me out of this same arrest/ alleged criminal episode.I realize that it is within this Courts discretion to expunge my arrest record. I amasking this court to expunge my records.

I have attached a copy of the judgment of acquittal to this Petition.



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Pardoned or Granted Relief Based on Actual Innocence (You were pardoned by thegovernor or otherwise granted relief by a court based on your actual innocence.)

(Check one.)

I was convicted, but later pardoned. I have attached a copy of the pardon to thisPetition.

I was convicted, but later pardoned or otherwise granted relief based on my actualinnocence. I have attached a copy of the pardon or court order to this Petition. Thepardon or court order clearly shows on its face that it was granted based on my actualinnocence.

Prosecutor Recommends Expunction (You have not been tried and the prosecutorrecommends expunction.)

I have not been tried for the offense for which I was arrested and the prosecutor,authorized to prosecute the offense for which I was arrested, recommends the records ofthe arrest be expunged.

I have attached a letter from the prosecutor recommending that the records of my arrestbe expunged.

4. Agencies with Records

I have reason to believe that the following named officials, agencies, and public entities havefiles or records subject to expunction and should be served with notice of this Petition

(List the names and addresses of all officials, agencies and public entities that may have files or records ofyour arrest. You can find examples of agencies that may be included in a Travis County case in the informationbrochure for expunctions found on www.TexasLawhelp.org .)

(If you arent sure which agencies you should list in your petition, consult with an attorney for legal advice. Attachadditional sheets if necessary)

http://www.texaslawhelp.org/http://www.texaslawhelp.org/


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5. Prayer

I ask the Court to set the case for hearing, and after giving reasonable notice to each official oragency or other entity named in Paragraph IV, order the official, agency or entity to:

1. return all records concerning this arrest to the Court for delivery to me; or if removing therecords is not practical, to destroy the records and notify the Court of their destruction, and

2. delete from its public records all index references to the records and files that are subject tothe expunction order, and

3. direct any state agency that sent information concerning the arrest to a central federaldepository to request the depository to return all records and files subject to the expunctionorder.

Respectfully submitted,

Do not sign until you are in front of the notary!

Petitioner signs in front of a notary Date

_______________________________________________ ( )Petitioners name (print) Phone number

Mailing address: street address city state zip

Notary fills out below.

State of Texas, County of(Print the name of county where this affidavit is notarized.)

Sworn to and subscribed before me, the undersigned authority, on this date:

by _______________________________________________________________________________.(Print the first and last names of the person who is signing this affidavit.)


Notarys signature

(Notarys seal here)


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Cause No:

EX PARTE

______________________________________(Print your first, middle and last names.)

In the __________ District Court of:

_________________________ County, Texas

Order Directing Expunction of Criminal Records

Today, the Court considered Petitioners Petition for Expunction of Criminal Records. It appearsto the Court that it has jurisdiction and that proper notice has been provided.

1. Appearances

(Print your first, last and middle names.)

Petitioner, _______________________________________, appeared in person, representing

him/herself.

(Check one.)

No other party appeared.

The following party (parties) appeared:_________________________________________________________________________

_________________________________________________________________________,

2. Information about Petitioner

1. Petitioners name is: _____________________________________________________.

2. Petitioners gender is male. female.3. Petitioners race is: ______________________________________________________.

4. Petitioners birthdate is: __________________________________(month, day, and year.)

5. Petitioners drivers license number is: _______________________________________.

6. Petitioners social security number is: ________________________________________.

7. Petitioners address at the time of the arrest was:

_________________________________________________________________________.Street Address City State Zip

3. Offense and Arrest1. Offense: _______________________________________________________________

2. Alleged Offense Date: ____________________________________________________

3. Arrest Date: ____________________________________________________________

4. Arresting agency: ________________________________________________________

5. Location of Arrest: _______________________________________________________

TexasLawHelp.org, Order Directing Expunction of Criminal Records, September 1, 2011 1 of 5


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6. DPS tracking number: ____________________________________________________

7. (Check one.)

Petitioner has not been charged with any offense relating to this arrest. (Skip 8.)

Petitioner was charged with an offense relating to this arrest. (Go to 8.)

8. Petitioners charges were originally filed in __________________________ court, andassigned the following cause number: ____________________________________.

Petitioners charges were finally prosecuted in:

(Check one.)

the original court, with the same cause number.

the following court: ______________________________________________, with

the following cause number: __________________________________________.

4. Findings

After the presentation of evidence, the Court finds that Petitioner:

(Check one.)

is not entitled to have his/her records expunged.

is entitled to have his/her records expunged.

5. Grounds for Expunction (Check the box of the ground that applies to this case.)

Never Charged

Petitioner has never beencharged with an offense relating to this arrest and:

(Check all that apply.)

Petitioner was arrested for a Class C misdemeanor and it has been at least 180 dayssince the arrest. Petitioner has not been charged with a felony arising out of the sametransaction for which Petitioner was arrested.

Petitioner was arrested for a Class A or B misdemeanor and it has been at least oneyear since the arrest. Petitioner has not been charged with a felony arising out of thesame transaction for which Petitioner was arrested.

Petitioner was arrested for a felony or was charged with a felony arising out of the sametransaction for which Petitioner was arrested. It has been at least three years since thearrest.

The attorney representing the state (the prosecutor) certifies that Petitioners arrestrecords and files are not needed for use in any criminal investigation or prosecution,

including an investigation or prosecution of another person. A copy of a letter from theprosecutor is attached to and fully incorporated in to this Order.

The Statute of Limitations has expired for all offenses that could be charged from thisarrest.



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Dismissed

Petitioners charges were dismissed or quashed on _______________________________.month, day and year

A copy of the order dismissing or quashing the charges is attached to and fully incorporatedin to this Order.

Petitioner was released, and the charge against Petitioner has not resulted in a finalconviction, and is no longer pending.

Petitioner has not submitted to any kind of court ordered supervision for the offense, unlessthe offense was a Class C misdemeanor.

Petitioner did not intentionally or knowingly abscond (jump bail) from the courts jurisdictionafter being released on bail following this arrest.

(Check one)

No Felony. No indictment or information charging Petitioner with a felony has beenpresented against Petitioner for an offense arising out of the transaction for whichPetitioner was arrested.

Felony. An indictment or information charging Petitioner with a felony was presentedagainst Petitioner for an offense arising out of the transaction for which Petitioner wasarrested,AND

(Check one)

the indictment or information was dismissed or quashed because Petitionercompleted a pretrial intervention program authorized under Section 76.011,Government Code, or because the presentment of the indictment or information hadbeen made because of mistake, false information, or other similar reason indicatingabsence of probable cause at the time of the dismissal to believe Petitionercommitted the offense or because the indictment or information was void.

The Statute of Limitations has run completely for all offenses that could be charged

from the arrest.

Acquit ted

(Check one)

Petitioner was acquitted by the trial court. Petitioner was not convicted of anotheroffense occurring during this same arrest/alleged criminal episode. No other offense canbe charged against Petitioner out of this same arrest/ alleged criminal episode.

Petitioner was acquitted by the Court of Criminal Appeals or a court of appeals and theperiod for granting a petition for discretionary review has expired. Petitioner was notconvicted of another offense occurring during this same arrest/alleged criminal episode.

No other offense can be charged against Petitioner out of this same arrest/ allegedcriminal episode.

A copy of the judgment of acquittal is attached to and fully incorporated in to this Order.



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However the phrase all records and files pertaining to the arrest does not include recordsand files generated during the investigation before Petitioners arrest and give no indicationthat Petitioner was ever arrested.

The phrase all records and files pertaining to the arrest does not include records relating tothe suspension or revocation of a drivers license, permit, or privilege to operate a motor

vehicle except as provided the Texas Transportation Code, Sections 524.015 and 724.048.This Order applies to each official, agency, or entity named below.

IT IS FURTHER ORDERED that the Clerk of this Court is ORDERED to send a certifiedcopy of this order to each official, agency, or entity named above.

IT IS FURTHER ORDERED that the Clerk of this Court provide Petitioner two, file-stamped,certified copies of this Order.

Additionally, the Clerk is ORDERED to turn over all returned records to Petitioner, uponPetitioners request. However, if Petitioner fails to request the records by the one-yeardestruction deadline set by Art. 55.02 Section 5(d), Code of Criminal Procedure. In thatevent, the records shall be destroyed pursuant to the statutory provisions.

SIGNED _________________________ by ___________________________Date J UDGE PRESIDING

A9RB800 Expunction of Records in Texas

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